33-424

33-424. Representation of legal requirement;
enforcement; private action; damages; violation; classification

A. It is unlawful for a third party provider offering a disclosure report
pursuant to section 33-423 to represent in marketing materials, contracts or by any other
means any of the following:

1. That such a disclosure report is required by any law to be purchased.

2. That a buyer, a seller or a person licensed pursuant to title 32, chapter 20 who
represents a buyer or seller is required to comply with section 33-423 by purchasing a
third party disclosure report.

3. That the third party provider offers protection from liability for or provides
information about property conditions that are not the subject of the third party
provider report or that are not within the current ability of the third party provider to
provide.

B. An act or practice in violation of this section or section 33-423, subsection B,
paragraph 2 is subject to enforcement through private action and prosecution by the
attorney general or by the county attorney of the county in which the real property is
located.

C. A person who receives marketing materials, contracts or other communication in
violation of this section may bring an action pursuant to this section in any court of
competent jurisdiction in the county in which the real property is located.

D. In addition to any other remedies provided by law, a third party provider who
offers a disclosure report pursuant to section 33-423 and who is found to have violated
this section is liable to the party receiving the marketing materials, contracts or other
communication for damages of not more than two thousand dollars per occurrence. In any
action brought pursuant to this section the prevailing party shall be awarded reasonable
attorney fees and costs.

E. A person who violates subsection A of this section is guilty of a class 1
misdemeanor.